Maine Reports; Cases Argued and Determined in the Supreme Judicial Court of Maine Volume 57

Maine Reports; Cases Argued and Determined in the Supreme Judicial Court of Maine Volume 57

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1870 edition. Excerpt: ...every year, unless the water in the upper flume is more than four and a half feet deep." Taking this in connection with the testimony previously adverted to in regard to the use of the water prior to 1865, it must be considered as establishing the right of the proprietors of the grist-mill to the exclusive use of the water if it falls below four and a half feet in depth in the upper flume, between the first of May and the first of the succeeding March. This right, also, the defendants have infringed, and are responsible for the damage thereby occasioned. Among the questions stated in the report we find the following: "Have defendants a right to use water for any other purpose than for a saw-mill? " This must depend, in the present case, upon the terms of the deeds under which they hold. A construction, which would restrict the grantees to the specific use to which the water was first applied, is not to be favored for reasons which are well assigned in Tow'tellot v. Plwlps, 4 Gray, 370, and Ashley v. Pease, 18 Pick. 268; and it will never be adopted unless the language of the grants unmistakably indicates that it was the intention of the parties so to restrict the use of the water. Upon an examination of the conveyance here, we see nothing to base such a restriction upon, nothing to take the case out of the general rule which is stated by Shaw, O. J., in the case last referred to, as follows: " In general, where a mill-seat is granted, that is, land on a stream on which mills are actually situated, or where it appears by the grant that the object is to erect mills thereon, the soil is the principal subject of the grant; the right to use it for any and all mill purposes at the pleasure of the owners, and more

Product details

  • Paperback | 222 pages
  • 189 x 246 x 12mm | 404g
  • United States
  • English
  • black & white illustrations
  • 1236953096
  • 9781236953094